BYABAKAMA’S EC TELLS COURT WHY FRED NYANZI PETITION AGAINST MUHAMMAD NSEREKO SHOULD BE THROWN OUT
By Joel Mugabi
Lawyers representing Justice Simon Mugenyi Byabakama’s Electoral Commission (EC) in the election petition Robert Kyagulanyi’s brother Fred Nyanzi filed against Kampala Central MP Muhammad Nsereko have asked Kampala High Court judge Margaret Apiny to dismiss the case.
In his petition, Nyanzi seeks to prove to court that the EC and Nsereko flouted electoral laws in the conducting of the Kampala Central poll, rendering the entire process not free and fair.
For example, he claims that at about 50 polling stations, officials of Byabakama’s EC looked on as errors in counting and tallying of results made victory slip away from him and NUP in the Kampala Central race. He further accused polling officials for reportedly entering wrong results into the tally sheet, an action he claims made him lose.
EC lawyers have now told Justice Apiny to dismiss Nyanzi’s petition, saying it was dead on arrival since there was no proof that Nsereko was served. Representing the Electoral Commission in Court today, Eric Sabiiti argued that it would be unfair to start and continue proceedings in the petition yet Nsereko, one of the respondents, was absent in court.
Sabiti further argued that it was totally against the principle of natural justice for proceedings to happen when Nsereko, the one who the EC declared the winner of the election and is therefore a beneficiary and key respondent in the case, is yet to be served. That it would be unfair to proceed without hearing from Nsereko.
Meanwhile, Nyanzi sent lawyers Robert Bautu, Bernard Mutyaba and Saudah Nsereko. The three lawyers said Nsereko had instructed them to represent him in court.
Bautu told court that last Friday, Nsereko, although not served, briefed him and two others to represent him since he had heard his name mentioned in the case. Bautu further told Justice Apiny that they had appeared in court to understand what was going on and would not take part in the proceedings.
In the end, the presiding judge ordered lawyers for the parties in the petition to file written submissions which she will then consider to come up with a judgement. (For comments on this story, call, text or whatsapp us on 0705579994, 0779411734, 0200900416 or email us at firstname.lastname@example.org).